Fairness of the Process

• Case Secnario 6: Employment
• Case Scenario 8: Employment
• Case Scenario 24: Tenant/Landlord

Case Scenario 6

• Ethics Issue: Fairness of the Process, Self-Determination, Impartiality
• Type of Case Mediated: Employment
• Length: 98 words
• Author: Corder/Thompson & Associates, www.corderthompson.com

The outcome of the mediation is that Party 1, an employee, is agreeing to do several things and Party 2, the supervisor, is agreeing to do nothing. You know that one of the things Party 1 is agreeing to amounts to giving up things to which she/he is entitled by organizational policy. You have reality tested the agreement and both parties appear to understand the agreement and both have indicated a willingness to sign it. You are concerned that Party 1 is intimidated by Party 2 and may feel that he/she must agree to whatever the supervisor demands.

Case Scenario 8

• Ethics Issue: Confidentiality, Fairness of the Process
• Type of Case Mediated: Employment
• Length: 113 words
• Author: Corder/Thompson & Associates, www.corderthompson.com

A supervisor and employee who have had a long standing conflict have agreed to try to mediate their differences because the conflict has begun to have a negative effect on the supervisor’s performance evaluation. They both became very angry and refused to continue meeting in the same room. In an individual session, you learn from the supervisor that she/he plans to give the employee some assignments that the employee will not be able to complete successfully so that he/she will have grounds for terminating the employee. The supervisor insists that you cannot reveal this information and that you must continue the mediation so that the employee won’t suspect what the supervisor is planning.

Case Scenario 24

• Ethics Issue: Fairness of the Process
• Type of Case Mediated: Tenant/Landlord
• Length: 174 words
• Author: Charles Pou, chipbloc@aol.com

Mediator is mediating a dispute concerning several allegedly dangerous conditions of rental premises. It is mid-winter in Amarillo, and sub-freezing weather is expected within a few days. In joint session, Landlord concedes that the heat has been breaking down for several weeks. Landlord appears cooperative during the joint session and appears open to working something out.

In next caucus, Tenant agrees to accept Landlord’s simple promise to fix the heat, and makes no demands for guarantees or a schedule.

Mediator then caucuses again with Landlord. While showing the mediator some other documents, he/she inadvertently displays a property insurance agreement. When mediator asks about the insurance agreement, Landlord states “Don’t worry. It’s irrelevant anyway.” He/she states that the Landlord company’s financial condition is deteriorating rapidly, that he can’t make premium payments, that the company is unlikely to survive more than another month or two, and that the company probably won’t be able to make the agreed-upon repairs. Landlord refuses to give the mediator permission to share any of this information with the Tenant.